Default Judgment Vacated

January 1, 1998

LVT Number: 12016

Landlord sued to evict tenant. Tenant appeared in court, and his attorney filed a notice of appearance. Landlord later got a default judgment against tenant without notifying tenant's attorney of the court date. Tenant asked the court to vacate the default judgment. Landlord argued that tenant didn't show any valid defense. The court ruled for tenant. The default judgment was void because landlord didn't properly give tenant notice that it would be requesting a final judgment.

Landlord sued to evict tenant. Tenant appeared in court, and his attorney filed a notice of appearance. Landlord later got a default judgment against tenant without notifying tenant's attorney of the court date. Tenant asked the court to vacate the default judgment. Landlord argued that tenant didn't show any valid defense. The court ruled for tenant. The default judgment was void because landlord didn't properly give tenant notice that it would be requesting a final judgment. Since tenant's attorney had appeared in the case, landlord should have given the attorney notice of the hearing to get final judgment.

Elkund v. Joyner: NYLJ, p. 35, col. 2 (12/10/97) (Civ. Ct. Kings; Callender, J)

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